in NC, does a landlord have a duty to put tenant into physical possession?
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in NC, does a landlord have a duty to put tenant into physical possession?
Asked on March 16, 2012 under Real Estate Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If a tenant rents a premises, the landlord must provide the tenant with possession. If the landlord does not, then the landlord is in material breach of the lease; that material breach will, depending on the exact circumstances (e.g. a short delay, like an apartment not being renovated quite on schedule; or a more substantive delay, like former tenants still occupying the premises), entitle the tenant denied possession to either monetary compensation and/or to terminate the lease without penalty.
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